North Carolina Lawyers Weekly

Coulter v. Estate of Grannis (Lawyers Weekly No. 002-025-17, 6 pp.) (Terrence Boyle, J.) 5:16-cv-00277; E.D.N.C. Holding: Where the complaint alleges that defendants conspired to arrest plaintiff – then a police officer – because plaintiff refused to assist District Attorney ...

Tagged with: False Arrest

Birdsong v. Emory (Lawyers Weekly No. 002-024-17, 11 pp.) (Terrence Boyle, J.) 5:15-cv-00273; E.D.N.C. Holding: Police officers conducting a “jump out” – a tactic in which a group of police officers quickly exit an unmarked vehicle and attempt to engage ...

Tagged with: search and seizure

Barideaux v. City of Charlotte (Lawyers Weekly No. 004-008-17, 11 pp.) (Graham Mullen, J.) 3:16-cv-00146; W.D.N.C. Holding: Even if supervisor liability applies to municipalities in the Fourth Circuit, plaintiffs have presented evidence of only one isolated incident in which one ...

Tagged with: Constitutional

Wikimedia Foundation v. National Security Agency (Lawyers Weekly No. 001-115-17, 46 pp.) (Diaz, J.) No. 15-2560, May 23, 2017; USDC at Baltimore, Md. (Ellis, J.) 4th Cir. Holding: A split 4th Circuit panel vacates dismissal of plaintiff Wikimedia Foundation’s lawsuit ...

Tagged with: Wikimedia

Boone Ford, Inc. v. IME Scheduler, Inc. (Lawyers Weekly No. 011-108-17, 12 pp.) (Rick Elmore, J.) (Chris Dillon, J., dissenting) Appealed from Watauga County Superior Court (William Coward, J.) N.C. App. Holding: Since Superior Court Judge Jeff Hunt was not ...

Tagged with: Lack of Authority

G.G., by his next friend and mother v. Gloucester County School Board (Lawyers Weekly No. 001-084-17, 5 pp.) No. 16-1733, April 7, 2016. Holding: Upon consideration of the unopposed motion to vacate preliminary injunction, the court vacates the preliminary injunction ...

Tagged with: Transgender

Knight v. City of Fayetteville (Lawyers Weekly No. 002-012-17, 34 pp.) (Louise Flanagan, J.) 5:15-cv-00208; E.D.N.C. Holding: Even though it turned out that plaintiff’s decedent was in the process of throwing his gun when the defendant-police officer shot him, dash-cam ...

Tagged with: Wrongful Death

Heyer v. U.S. Bureau of Prisons (Lawyers Weekly No. 001-051-17, 43 pp.) (Traxler, J.) No. 15-6826, Feb. 23, 2017; USDC at Raleigh, N.C. (Dever, J.) 4rh Cir. Holding: A profoundly deaf plaintiff detained as a sexually dangerous person wins remand ...

Tagged with: deaf

Kolbe v. Hogan (Lawyers Weekly No. 001-050-17, 116 pp.) (King, J.) No. 14-1945, Feb. 21, 2017; USDC at Baltimore, Md. (Blake, J.) 4th Cir. Holding: The en banc 4th Circuit upholds Maryland’s Firearm Safety Act of 2013, which bans the ...

Tagged with: weapons

Crouse v. Town of Moncks Corner (Lawyers Weekly No. 001-045-17, 24 pp.) (Wilkinson, J.) No. 16-1039, Feb. 15, 2017; USDC at Charleston, S.C. (Houck, J.) 4th Cir. Holding: A police chief has qualified immunity from this civil rights suit filed ...

Tagged with: police